UNITED INDIA INSURANCE COMPANY LTD. Vs. ASMAN

JUDGEMENT

(1.) This appeal under Sec. 173 of Motor Vehicle Act, 1988 (hereinafter referred to as the "Act, 1988") at the instance of appellant- Insurance Company has arisen from judgment and award dated 31.5.1989 passed by Motor Accident Claim Tribunal-I Additional District Judge, Gorakhpur (hereinafter referred to as "Tribunal") in Motor Accident Claim Petition No.84 of 1985 filed by Smt. Asman and others Vs. Krishna Nand Pandey and others, whereby compensation of Rs.72,000.00 was awarded to claimants -respondents who has lost their only breadwinner.

(2.) The facts are the respondent no. 1 to 6 who are heirs of late Abdul Ali @ Laden. The claim petition was filed as the vehicle met with an accident and the deceased who was a non tortfeasor died in the accident on 115.1985. The deceased was in a Jeep which was insured with the appellant. The jeep and a bus collided with a bus and the deceased succumbed to the injury. The Tribunal after hearing the parties directed a compensation of Rs.72,000.00 to be paid jointly and severely by the tortfeasors. Out of this the appellant had to pay Rs.36,000.00 as a vehicle was insured with it. This is aggrieved the Insurance Company as according to them this was not a case of contributory negligence and there was breach of policy conditions as the vehicle was over loaded.

(3.) It would be relevant to discuss the principles for deciding contributory negligence and for that the principles for considering negligence will also have to be looked into.